Maternity Leave Dilemma: Does Earned Leave Accumulate During This Time?

Maternity Leave and Earned Leave

One of my professional friends asked me an interesting question. He is engaging a female employee in his office who is on maternity leave for 12 weeks. His question is whether, during the maternity leave period (84 days), she will earn any Earned Leave/Privileged Leave. My answer is yes, she will earn PL/EL because, as per Section 25B of the ID Act, she will be treated as if she is attending work on a daily basis during the period of maternity leave.

If anybody disagrees with this opinion, please write to me.

Regards, A.K. Hati

Mr. Hati,

You have given absolutely the right advice according to the Factory Act as well as the ID Act. In terms of maternity leave, she will be entitled to earned leave but subject to the limit and criteria of maternity leave and entitlement.

Hi Hati,

Thank you for the valuable information. My query is regarding the applicability of EL/PL for a duration of 84 weeks - is it only for maternity leave or also for unpaid leaves post 84 weeks upon special request by the employee for an extension.

For example, if an employee returns to work after 8 months following her maternity leave, where 3 months are the applicable maternity leave and the remaining 5 months are unpaid. In this scenario, is the credit of PL/EL applicable for all 8 months or just the 3 months of maternity leave?

Please advise on the correct application in such cases.

Thank you.

Maternity Leave Entitlements and Earned Leave

Your first question: "During the maternity leave period (84 days), will she get any Earned Leave/Privileged Leave?"

Maternity leave is for a period of 12 weeks, which is 90 days, not 84 days. Section 5(3) provides that the maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, of which not more than six weeks shall precede the date of her expected delivery (not being a date earlier than six weeks from the date of her expected delivery).

Yes, the female employee is entitled to receive her daily wages during her maternity leave. According to Section 5(2) of the Act, every woman shall be entitled to maternity benefit who has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery.

Your second question: Is EL/PL applicable only for the duration of 12 weeks of maternity leave, or also for the unpaid leaves post 12 weeks as per the employee's special request for extension?

According to Section 5(3) of the Maternity Benefit Act, Earned Leave is applicable only for the duration of 12 weeks (90 days). This means a woman employee can claim maternity benefit only for the period of 3 months. Hence, the credit of wages is applicable only for the 3 months.

However, Sections 9 and 10 of the Act provide provisions for leave for miscarriage and leave for illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage. A woman suffering from illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage shall, on production of such proof, be entitled to maternity benefit leave for a maximum period of one month. Therefore, the credit of wages is applicable only for 3 months (in general) and one additional month if she is suffering from illness arising out of pregnancy, delivery, premature birth of a child, or miscarriage.

Section 6(5) states that the amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.

The credit of PL/EL is not applicable for all the 8 months but only for 3 months.

I hope this suffices.

Regards

I want to know the duration of maternity confinement leave: 12 weeks or 26 weeks. If it is 26 weeks, I will need a notification.

Regards.

Continuous Service and Leave Entitlements

Continuous service under the ID Act is incorporated for the calculation of compensation for lay-off and retrenchment. The definition is act-specific unless mentioned otherwise.

If the organization is a factory, then the employee is entitled to leave based on 'days worked'; therefore, there will be NO leave during the 12 weeks of maternity leave (ML). However, in the threshold entitlement of 240 days, 12 weeks of ML should be added if the employee falls short of 240 days.

Under the Shops Act, you need to refer to your state act to check. In Maharashtra, an employee should have 'worked' for 240 days or more to be entitled to leave. There is NO mention of ML under "Chapter VII - Leave with Pay and Payment of Wages." Again, check the state act if it is an establishment.

It would be a good idea for your friend to seek guidance from an HR regulatory consultant, as there are many requirements to be fulfilled or adhered to.

Regards, Shrikant Prabhudesai
[Phone Number Removed For Privacy Reasons]

Maternity Confinement Leave Duration

The period of maternity confinement leave is 12 weeks and not 26 weeks. There is a proposed Maternity Benefit (Amendment) Bill, which is yet to be legislated, that will amend section 5 (3) (i). Twelve weeks shall be substituted with twenty-six weeks. The bill will come into force on such date as the Central Government may, by notification in the Official Gazette.

A bill is the draft of a legislative proposal. It has to pass through various stages before it becomes an Act of Parliament.

Thank you

Regards.

Dear,

Greetings of the day!!!

The Maternity Benefit Amendment Bill 2016 was passed by the Rajya Sabha and Lok Sabha in August 2016. The bill is currently with the PMO office for the final ordinance. You can track the ordinance status in the below-mentioned link: [PRS | Bill Track | All Bills](http://www.prsindia.org/billtrack/).

Please wait for the final notification regarding the effective date. Until then, the old Maternity Bill remains applicable.

Hi Niyathi,

Thank you for the detailed info. As you mentioned, the maternity period is 12 weeks, which is 90 days, not 84 days. So, this totals 3 months irrespective of the number of days in the month (28/30/31). 12 weeks equates to 84 days in number, so how can it be 90 days?

Please do suggest.